Brookhaven Municipal Court recently celebrated its one year anniversary. A year later, Brookhaven's court is busy, often filled to capacity, and is prosecuting DUI cases on an almost daily basis. If you have been arrested for DUI in Brookhaven, here are some things you must know:
- You have 10 business days to file a license appeal letter. This letter is crucial and must be filed on time, or you risk having your license suspended without a chance to contest it. Depending on whether you allegedly took a test or refused testing, you are looking at up to a year with no license, even on a first DUI.
- Your first court date should be written on your citation and possibly on your bond paperwork. This court date, known as an arraignment date, is where you and your lawyer will either enter an initial plea or request more time for various reasons. Typically, the prosecutors in Brookhaven will also need more time to get in evidence, so the first court date is rarely the last.
- You have the right to a trial in DeKalb County if your lawyer cannot negotiate a plea in Brookhaven. A DUI is a state law misdemeanor (and felony if its your 4th since 2008), and therefore you have the right to a jury trial on the charges. If a plea isn't reached, transferring the case to DeKalb is a simple process, but can add anywhere form 90 days to over a year to your case.
- Whether you tested or refused all testing, your lawyer will be responsible for speaking to the cop and prosecutor in negotiating your case. A DUI charge is not a good case to attempt this on your own. It's not a fair fight between a do-it-yourselfer and Brookhaven's trained prosecutors.
- While evidence can sometimes be obtained directly from the police department in Brookhaven, your lawyer will also have to request certain evidence through the courts.
If you have questions about defending your DUI case in Brookhaven, give me a call directly at (404) 590-6642. I am available at that number for both talk and text, and will be happy to set up a face-to-face consultation to discuss the intricacies of your case. While my principal office is in Cumming, Georgia, I am a resident of Sandy Springs and have an office for appointments in Dunwoody, less than 3 miles from Brookhaven. I have practiced in Brookhaven since the court opened its doors and know the ins and outs of defending your case in their court. Call or text today for more information.